By Stuart Banner
This publication examines the law of the earliest securities markets in England and the USA, from their origins within the 1690s throughout the 1850s. Professor Banner argues that in the reign of Queen Anne a fancy and reasonably powerful physique of regulatory keep an eye on used to be already extant, reflecting common Anglo-American attitudes towards securities hypothesis. He makes use of conventional felony fabrics in addition to a extensive variety of nonlegal resources to teach that securities legislation has a far longer ancestry than is usually intended.
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Extra resources for Anglo-American Securities Regulation: Cultural and Political Roots, 1690-1860
None of the permanent residents of Exchange Alley believes it. But when a Dutch merchant arrives, the stockjobbers pounce; they lure him into buying stock by telling him of the raising of the siege. , 1695), 10. , 1705), 1. Defoe, Anatomy, 8, 3 - 4 , 13. 34 Anglo-American securities regulation been closed, a stockjobber chortles, as an aside, "Ha, ha, ha! "99 As the familiar forms of gambling were illegal, so too should be its newest manifestation. A second theme in the early criticism, and again one that would develop more fully in the 1720s, was the multifaceted political threat posed by the stockjobbers.
Neither A nor B ever needs to own any shares to participate in this sort of transaction. Neither even needs to be wealthy enough to buy any shares, because the most either could lose from the transaction is the difference in share prices between the two dates. "77 With these new kinds of transactions came expanded methods of deceit, new opportunities for profiting at the expense of others. The initial sale of stock in a new company, which as yet had no earnings to distribute, provided a means of hoodwinking the gullible with no parallel in other markets.
The Scholastic Analysis of Usury (Cambridge, M A : Harvard University Press, 1957), 1 3 3 - 5 3 ; James A. Brundage, Medieval Canon Law (London: Longman, 1995), 7 8 . See Richard H . Helmholz, Roman Canon Law in Reformation England (Cambridge: Cambridge University Press, 1990), 116. 22 Anglo-American securities regulation tise-writer put it, "hath a stock of money, which he delivereth to a merchant or tradesman to imploy; receiveth part of the gaine, and beareth part of the hazard proportionably.
Anglo-American Securities Regulation: Cultural and Political Roots, 1690-1860 by Stuart Banner